Paraplegic Wins $26.55M Settlement After Rollover Crash

Tuesday, June 14, 2016 | 0

A Pennsylvania man who was left a paraplegic after bald tires caused his corporate pickup to roll over in November 2011 has settled his case for $26.55 million.

Just before the case was to go to trial, David Williams, 32, and his wife, Jaimi, agreed to settle with lawn care company TruGreen, his employer; TruGreen parent company ServiceMaster; and two vehicle-maintenance companies.

Williams’ attorney Robert Mongeluzzi said it’s the largest single personal injury settlement ever in the Philadelphia Court of Common Pleas, according to thelegalintelligencer.com.

Court documents say Williams, then 28, was driving a TruGreen-owned Ford F350 pickup in Clinton County during a rainstorm. The truck left the road, rolled and ejected Williams, who suffered cervical spine injuries that left him paralyzed from the chest down.

The settlement states that TruGreen and ServiceMaster must pay him $16.75 million, while Dickinson Fleet Services is on the hook for $9.5 million, and Brooks Auto Repair for $300,000.

Nearly two years before the accident, ServiceMaster hired Dickinson for maintenance on TruGreen’s vehicles. A month before the accident, a Dickinson technician determined that both rear tires of the F350 were bald and reported they needed to be replaced. But the technician did not “sticker” the truck, which would have taken it out of service.

The plaintiffs alleged that Brooks had worked on the truck in May 2011 but replaced only the front two tires.

TruGreen responded in court documents that Dickinson failed to provide adequate notice about the bald tires and alleged Williams was driving too fast in the rain. ServiceMaster claimed it was not a party to the dispute because it was immune under the Workers’ Compensation Act. Dickinson maintained it did not have the authority to remove the truck from service.

Mongeluzzi, the plaintiffs’ attorney, said the case featured more than 500 docket entries, including 11 summary judgment motions, 16 venue motions, 39 motions in limine, four appeals to the state Superior Court and two appeals to the state Supreme Court.

“People generally think that cases are won and lost when you get in the courtroom and you're opening and crossing witnesses, but in so many of the cases, there are multiple battles that are fought outside the courtroom that will determine who wins the war," Mongeluzzi told thelegalintelligencer.com.